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Middletown, RI
* Zoning Ordinance Review Committee * Minutes Sept 12–Dec 12, 2005
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September12, 2005
Attendees
(Underline indicates attended meeting)
John West, Chair Richard Adams, Secretary
Richard Cambra Leo Keefe
Jack Maloney, Zoning Officer Bill Nash Claire
Pimentel Geoff Regan
Robert Silva Barbara
Schuster Ed Silveira, Council
Liaison Ron Wolanski, Town Planner
Sam Hogan, Asst.
Town Planner
The meeting was called to order at 6:40
PM. Attendees were as indicated above.
Previous Meeting Minutes
Review of the minutes from the 11 July
meeting was deferred.
Organizational Items and Authority
The membership list was distributed and
corrects and additions made. Dick Adams asked that if you
don’t get minutes and the latest ZO version from him by
email, please let him know. Barbara Schuster said she did
not have email access. The retirement of Jack Maloney as
Middletown Zoning Officer was discussed. Jack has been
asked to complete work with the committee to make sure that his
extensive knowledge and expertise is not lost.
John West provided an opinion from the RI
Ethics Commission which indicated that no conflict of interest
is created by Bob Silva’s service on the ZORC. The
opinion is attached.
Review Approach and Schedule
The schedule for both Zoning Ordinance
Review and Commercial Design Standards was again discussed.
It was noted that the work of the Design Standards
Subcommittee will probably not be complete until November or
December. Commercial design standards will not require
significant revision of ZORC work.
Reference Materials
The Zoning Ordinance of 12-09-04 is the
basis for review. Title 45-24, Zoning, is available at http:
//www.rilin.state.ri.us/Statutes/TITLE45/45-24/INDEX.HTM.
Meeting Schedule
ZORC meeting will be held on the second
Monday of each month from 6:30 – 8:00 PM at the
Middletown Library conference room. The next meeting is
10 October.
Recommended Changes
Zoning Ordinance Changes
Note:
Recommended changes are shown in the current revised
version of the ordinance. The file name is: Zoning Ordinance (12-09-04) Chap 1-8 Rev
8_13_05.doc and is the current
working file distributed to committee members.
Global Changes. It was noted that the organization of the Zoning
Ordinance is inconsistent. That is, the designation of
subordinate paragraphs varies among Sections, and levels of
indenture are inconsistent. Dick Adams made the changes
need to establish a consistent organization. They are
shown in the current revision.
Article 1.
Minor changes were made clarifying text and adding
references to RI General Laws. In general, when RIGL text
is quoted or a section is required to conform to RIGL, a
footnote has been added to indicate the applicable reference.
Section 101, item (16) was added indicate conformance
with RIGL related to affordable housing.
Article 2.
Notes were added to indicate the text needs to be
modified to reflect a 3rd Zoning Board alternate member if approved
by the Town Council. Global revisions were made to make
the language gender neutral. Zoning Board powers
references were corrected.
Article 3.
Minor readability clarifications were made. Section
304 Item M was changed to correct references.
Clarification language was inserted in Section 304A.
Sections should be renumbered to eliminate
“A”. All other corrections were grammatical
or clarifications.
Article 4.
Minor clarifications and misspellings corrected.
Article 4 definitions were reviewed. Comments from
Ron Wolanski and committee members were incorporated. To
simplify the definitions, paragraph numbers were eliminated and
definitions arranged in alphabetical order. An APA book
of definitions was obtained and will be compared with Ordinance
definitions. The committee will be advised of any
recommended changes.
Article 5.
Item K was modified to include a note explaining LI
(Adjacent to Residential) modification to LI. Section 503
needs to be redrafted to provide guidance on how to divide lots
with multiple zonings or simply authorize the Zoning Official
to do so, which is current practice.
Article 6.
Line by line review of the Section 602 and 603 tables
continued through the Governmental,
Educational and Institutional on Privately Owned Land category. Recommended changes are
shown in the current working revision.
Other Related Changes
None
The meeting was adjourned at 8:45 PM.
Action Items
No new items were assigned.
No. Item Responsibility Status Due
8 Comparison of definitions section with
definitions published in the American Planning
Association’s “A Review of Zoning
Definitions” Dick Adams In Process
9
Respectfully Submitted,
/s/ R. P. Adams
Dick Adams, ZORC Secretary
October 11, 2005
Attendees
(Underline indicates attended meeting)
John West, Chair Richard Adams, Secretary
Richard Cambra Leo Keefe
Jack Maloney,
Zoning Officer Bill Nash Claire
Pimentel Geoff Regan
Robert Silva Barbara
Schuster Ed Silveira, Council
Liaison Ron Wolanski, Town Planner
Sam Hogan, Asst. Town Planner Jack Kane, Zoning
Officer
The meeting was called to order at 6:35
PM. Attendees were as indicated above.
Previous Meeting Minutes
Minutes from the 12 September meeting were
approved.
Organizational Items and Authority
Jack Maloney was welcomed back to the
committee and congratulated on his retirement. Jack said
he would continue to work with the committee. John West
expressed his appreciation to Jack for continuing to serve on
the committee.
The committee resumed discussion to
Section 600 tables and the impact commercial design standards
might have on the tables. Ron Wolanski indicated that the
changes to the tables would be minor and would consist
primarily of changes to building setback distances.
Review Approach and Schedule
The committee agreed that work on the
remaining sections should go quickly once the tables were
reviewed. No specific deadline for completion was set,
although it was noted it should be after the commercial design
standards committee finishes it’s work.
Reference Materials
The Zoning Ordinance of 12-09-04 is the
basis for review. Title 45-24, Zoning, is available at http:
//www.rilin.state.ri.us/Statutes/TITLE45/45-24/INDEX.HTM.
Meeting Schedule
ZORC meeting will be held on the second
Monday of each month from 6:30 – 8:00 PM at the
Middletown Library conference room. The next meeting is
14 November.
Recommended Changes
Zoning Ordinance Changes
Note:
Recommended changes are shown in the current revised
version of the ordinance. The file name is: Zoning Ordinance (12-09-04) Chap 1-10 Rev
11_14_05.doc and is the current
working file distributed to committee members.
Global Changes. It was noted that the organization of the Zoning
Ordinance is inconsistent. That is, the designation of
subordinate paragraphs varies among Sections, and levels of
indenture are inconsistent. Dick Adams made the changes
need to establish a consistent organization. They are
shown in the current revision.
Article 1.
Minor changes were made clarifying text and adding
references to RI General Laws. In general, when RIGL text
is quoted or a section is required to conform to RIGL, a
footnote has been added to indicate the applicable reference.
Section 101, item (16) was added indicate conformance
with RIGL related to affordable housing.
Article 2.
Notes were added to indicate the text needs to be
modified to reflect a 3rd Zoning Board alternate member if approved
by the Town Council. Global revisions were made to make
the language gender neutral. Zoning Board powers
references were corrected.
Article 3.
Minor readability clarifications were made. Section
304 Item M was changed to correct references.
Clarification language was inserted in Section 304A.
Sections should be renumbered to eliminate
“A”. All other corrections were grammatical
or clarifications.
Article 4.
Minor clarifications and misspellings corrected.
Article 4 definitions were reviewed. Comments from
Ron Wolanski and committee members were incorporated. To
simplify the definitions, paragraph numbers were eliminated and
definitions arranged in alphabetical order. An APA book
of definitions was obtained and will be compared with Ordinance
definitions. The committee will be advised of any
recommended changes.
Article 5.
Item K was modified to include a note explaining LI
(Adjacent to Residential) modification to LI. Section 503
needs to be redrafted to provide guidance on how to divide lots
with multiple zonings or simply authorize the Zoning Official
to do so, which is current practice.
Article 6.
Line by line review of the Section 602 and 603 tables
continued through the end of the section. Recommended
changes are shown in the current working revision.
Other Related Changes
None
The meeting was adjourned at 7:55 PM.
Action Items
No new items were assigned.
No. Item Responsibility Status Due
8 Comparison of definitions section with
definitions published in the American Planning
Association’s “A Review of Zoning
Definitions” Dick Adams In Process
9
Respectfully Submitted,
/s/ R. P. Adams
Dick Adams, ZORC Secretary
December 12, 2005
Attendees
(Underline indicates attended meeting)
John West, Chair Richard Adams, Secretary
Richard Cambra Leo Keefe
Jack Maloney
Bill Nash Claire Pimentel Geoff
Regan
Robert Silva Barbara Schuster Ed Silveira, Council Liaison Ron
Wolanski, Town Planner
Sam Hogan, Asst. Town Planner Jack Kane, Zoning
Officer
The meeting was called to order at 6:30
PM. Attendees were as indicated above.
Previous Meeting Minutes
Approvals of minutes from the 11 October
meeting were deferred to the next meeting. It was noted
that the minutes are cumulative and describe the progressive
work of the committee.
Organizational Items and Authority
The committee completed discussion through
Section 600 tables and began the review of Article 7. The
primary focus of discussion was the impact commercial design
standards might have on the Zoning Ordinance and the schedule
for completing wok on the Zoning Ordinance review, including
incorporation of commercial design standards.
Review Approach and Schedule
The committee generally agreed that
commercial design standards should be reviewed as a part of the
committee’s review of the Zoning Ordinance.
Discussion centered on whether or not the committee
should ask that the commercial design standards hearing and
review process now ongoing be suspended until the committee
could complete a full review of proposed ordinance changes.
Specifically it was noted that most Zoning Ordinance
experience was resident in the ZORC and no review of the
proposed amendments by knowledgeable zoning official had been
conducted.
The committee asked that John West send a
letter to the Council requesting the commercial design
standards review process be suspended and changes be subject to
ZORC review and approval. Dick Adams suggested that to do
so would delay the implementation of design standards until the
summer or fall of 2006. He indicated that a better plan
would be to allow the design standards amendment process to
proceed on its own merits and the ZORC incorporate the
amendment as an approved change to the Zoning Ordinance.
He said that Zoning experience input could be
incorporated in the ongoing review process, delaying the
scheduled hearing as necessary to obtain the needed input.
The committee agreed that the letter to
the Council should be sent and the Council asked to incorporate
the design standards hearing process in the overall Zoning
Ordinance review.
Reference Materials
The Zoning Ordinance of 12-09-04 is the
basis for review. Title 45-24, Zoning, is available at http:
//www.rilin.state.ri.us/Statutes/TITLE45/45-24/INDEX.HTM.
Meeting Schedule
The committee agreed that the frequency of
ZORC meeting will be increased to twice a month. A
schedule will be published as soon as it is determined.
It was also suggested that the meeting be moved from the
library which closes at 8:00 PM to increase their length.
No decision was made on this point.
Recommended Changes
Zoning Ordinance Changes
Note:
Recommended changes are shown in the current revised
version of the ordinance. The file name is: Zoning Ordinance (12-09-04) Chap 1-26 Rev
12_29_05_DSChgs.doc and is the
current working file distributed to committee members.
Changes proposed to implement commercial design standards
have been added o the baseline. Stormwater amendment
changes will be added as soon as the amendment is approved.
The stormwater ordinance changes ZO Articles 7 and 13 as
well as Town Ordinance 151, 153, and Subdivision/Land
Development Regulations.
Global Changes. It was noted that the organization of the Zoning
Ordinance is inconsistent. That is, the designation of
subordinate paragraphs varies among Sections, and levels of
indenture are inconsistent. Dick Adams made the changes
need to establish a consistent organization. They are
shown in the current revision.
Article 1.
Minor changes were made clarifying text and adding
references to RI General Laws. In general, when RIGL text
is quoted or a section is required to conform to RIGL, a
footnote has been added to indicate the applicable reference.
Section 101, item (16) was added indicate conformance
with RIGL related to affordable housing.
Article 2.
Notes were added to indicate the text needs to be
modified to reflect a 3rd Zoning Board alternate member if approved
by the Town Council. Global revisions were made to make
the language gender neutral. Zoning Board powers
references were corrected.
Article 3.
Minor readability clarifications were made. Section
304 Item M was changed to correct references.
Clarification language was inserted in Section 304A.
Sections should be renumbered to eliminate
“A”. All other corrections were grammatical
or clarifications.
Article 4.
Minor clarifications and misspellings corrected.
Article 4 definitions were reviewed. Comments from
Ron Wolanski and committee members were incorporated. To
simplify the definitions, paragraph numbers were eliminated and
definitions arranged in alphabetical order. An APA book
of definitions was obtained and will be compared with Ordinance
definitions. The committee will be advised of any
recommended changes.
Article 5.
Item K was modified to include a note explaining LI
(Adjacent to Residential) modification to LI. Section 503
needs to be redrafted to provide guidance on how to divide lots
with multiple zonings or simply authorize the Zoning Official
to do so, which is current practice.
Article 6.
Line by line review of the Section 602 and 603 tables
continued through the end of the section. Recommended
changes are shown in the current working revision.
Article 7.
Minor typographical and grammatical changes were made.
Other Related Changes
Relevant supporting Subdivision/Land
Development Regulation changes are shown in filename Subdiv. Regs. 1995-Revisions to Dec. 2004
Rev_Baseline_DSChgs_1.doc.
The meeting was adjourned at 7:56 PM.
Action Items
No. Item Responsibility Status Due
8 Comparison of definitions section with
definitions published in the American Planning
Association’s “A Review of Zoning
Definitions” Dick Adams Comparison completed.
Requires review by the Planning Office TBD
9 Letter to Town Council asking that
Commercial Design Standards amendment review be delayed and
incorporated in Zoning Ordinance Review process. Claire
Pimentel and John West Complete 13 Dec 05
Respectfully Submitted,
/s/ R. P. Adams
Dick Adams, ZORC Secretary
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